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Posted on 04/07/2004 7:52:08 PM PDT by ijcr
Two cousins of a Kosovo Liberation Army soldier shot dead by British peacekeepers in 1999 won a landmark compensation claim yesterday.
In the first successful high court damages claim by civilians injured by peacekeeping forces abroad, Mohamet Bici and Skender Bici won cases for negligence and trespass to the person against the Ministry of Defence. The first was shot in the jaw, and the second suffered trauma.
Damages are to be assessed later. The men's solicitors said they had not yet worked out figures, but other lawyers estimate around £100,000 for the pair.
A defence source said the implications for Iraq were "potentially huge". Lawyers are drawing up claims for damages on behalf of civilians killed or injured by British troops. The MoD has paid compensation to some Iraqi families but has never accepted liability, describing the payments as ex gratia.
But Jane Horton, the solicitor for the two Kosovan Albanians, cousins both aged 28, insisted: "This does not set a precedent for further claims against the MoD as these claims arise from exceptional circumstances."
The two were in a car with another cousin, Fahri Bici, in Pristina on July 2 1999, when he fired an AK-47 into the air during a demonstration to celebrate a Nato ceasefire between the KLA and the Serbs. Soldiers of the Parachute Regiment ordered the car to stop, and opened fire when it did not. Fahri Bici and another Kosovan Albanian were killed, and Mohamet Bici was shot in the jaw.
An investigation by the Royal Military Police cleared the three soldiers of wrongdoing. But yesterday Mr Justice Elias dismissed arguments from the MoD that the soldiers were acting in self-defence, or that they were covered by "combat immunity".
It was not a combat situation, said the judge, and the soldiers owed the same duty of care as did ordinary citizens.
He reached the "clear conclusion" on the evidence, including that of witnesses and "extremely powerful" forensic findings, that the soldiers were not being threatened with being shot when they opened fire, and there were no reasonable grounds for them to believe that they were.
He was confirmed in his view of combat immunity by the fact that soldiers in Northern Ireland had faced negligence claims arising from incidents when they had been required to take aggressive action to preserve the peace in the face of a disorderly and hostile crowd.
The judge rejected an argument that the Kosovans were partly to blame in firing the gun. "Any imprudence on their part was dwarfed by the acts of the soldiers" who had "deliberately and without justification caused these injuries".
He granted the MoD permission to appeal.
The shadow defence secretary, Nicholas Soames, said: "Whilst recognising that this case is going to appeal, many fair-minded people will consider this a bad judgment, and one that will make life extremely difficult for our troops who have to work in some of the most dangerous of situations."
Ms Horton said the incident had happened when "in a carnival atmosphere to celebrate their annual national day, the Kosovans were shot at by British soldiers who were involved in a non-combative peacekeeping operation".
Mohamet Bici, married with two children, was flown to Britain and underwent several operations. He has a permanent facial injury, problems with eating and speaking, and continuing pain.
Skender Bici, who is single, is said to have suffered serious psychological injury. Both men settled in Leeds, but have yet to be granted residency.
Ms Horton added: "Mr Justice Elias said that these innocent civilians were shot at when their car was driving away from the soldiers and that the Koso vans were not posing any threat to the servicemen."
The judge said: "The British army can justifiably be proud of the operation it carried out in Kosovo. But soldiers are human; from time to time the mistakes are inevitable. In this case the fall from the army's usual high standards led to tragic consequences for the victims and their families.
"The Queen's uniform is not a licence to commit wrongdoing ... The army should be held accountable for such shortcomings."
He concluded "not without hesitation", that it had not been shown the soldiers acted in a wholly reckless manner.
"I have regard to the fact that it would be surprising if they lost their discipline in such a fundamental way, and there is no obvious reason why they should have done so."
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